https://sleepyhollow.localarchives.org/files/original/105ec8bad50d63b5f4086bb58aecf95b.pdf 4a8dee3457a5a74bf639c45559b98a2f PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED June 16, 2004 The meeting was called to order by Robert Anello, Chairman at 8:00 pm. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Linda Moiron Peter Koffler Tom Capossela James Galgano Absent : Eliot Martone Also Present: Sean McCarthy (Village Architect) Anthony DelVecchio (Recording Secretary) Agenda: 1) Thomas Walek 532 Bellwood Avenue 2) Marisol Williams 120 Beekman Avenue 3) Laurentino Rodrigues 72 Chestnut Street 4) Minutes of the April and May 2004 meetings Announcements: None. 1) Thomas WalekThis is an application for an area variance to construct a one-story addition to the rear of the house and a one-story addition to the front of the house where the proposed work creates the following non-compliances: Required Min combined side yard setback = 25-feet Proposed Min combined side yard setback = 23.0-feet Existing Min combined side yard setback = 23.0-feet The Chair asked if the returns were received. �Sean McCarthy responded yes. The public notice was read aloud. The Chair stated that the Board had received the following: 1) application for a variance dated 05/12/04 2) plans dated 04/20/04 Leonard Weinberg is the project architect and is representing this application. He briefly explained the proposed project. He stated that the existing non-conformity is not effected by the proposed work. The Chair stated that neither side yard would violate the Zoning laws but the combined side yard setbacks would not conform to the current zoning regulations. The Chair asked why the variance is needed. Leonard Weinberg responded that the applicant requires more living space since they are a young family with young children. He stated that the garage entrance is being moved to accommodate the applicant’s safety concerns for their young children. He also stated that a variance would be required for any work proposed on the property. The Chair asked if the Board had any comments. There was none. The Chair opened the public hearing. Since there were no public comments, Jim Galgano made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (5-0). The Chair stated that this is the minimum variance that could be granted. He also stated that this project is not out-of-character with the neighborhood and that is not a self-created hardship. Jim Galgano made a motion to approve the variance as submitted. Tom Capossela seconded. It was unanimous (5-0). 2) Marisol Williams This is a continuation from previous meetings. Jon Turnquist stated that the applicant would like to make a statement. The Chair allowed the applicant to make a statement. Juan Yan stated that he would like a written reason as to why the request for a two-family residence was denied. APPROVED - Zoning Board of Appeals Meeting, June 16, 2004 2 �The Chair informed the applicant to obtain a copy of the Zoning Board minutes for the meeting from the Building Department. Juan Yan stated that he is being discriminated against. He stated that other houses have similar variances and there are other two-family houses in the area. The Chair responded that the house was purchased as a one-family residence. He stated that the applicant is not being discriminated against. He stated that the owner could have their entire family live in the house but not as a two-family residence. The Chair stated that the Board could not re-address the request for a two-family residence for six-months. He stated that the applicant could continue their request for the area variance with new construction consistent with a one-family residence. Jon Turnquist requested an adjournment to the next meeting. At the request of the applicant, Peter Koffler made a motion to adjourn this matter to the next meeting. Linda Moiron seconded. It was unanimous (5-0). 3) Laurentino Rodrigues This is an application for variances to add to and convert an existing single-family residence to a two family residence where the proposed work creates the following noncompliances: Required Min lot size = 4,000- sq feet Min front yard = 20-feet Min one side yard = 3.0-feet Min combined side yard setback = 12-feet Min rear yard = 25.0-feet Max permitted lot coverage = 35% Proposed Min lot size = 1,300-sq feet Min front yard = 3.00-feet Existing front yard = 3.00-feet Min one side yard = 1.00-feet Actual one side yard = 1.00feet Min combined side yard setback = 25.0-feet Existing combined side yd setback = 27.5-feet Min rear yard = 1.0-feet Actual rear yard = 1.0-feet Proposed lot coverage = 36% Actual lot coverage = 31.2% Also: a) Application of Regulations - a variance is required to the Village Zoning Code with regards to adding to an existing non-conforming building and lot. b) Off- Street parking and Loading Spaces – APPROVED - Zoning Board of Appeals Meeting, June 16, 2004 3 �Required - a minimum parking stall shall be 9ft wide and 18 feet long. Proposed – proposed space is 9ft wide and 15 ft long. The public notice was read aloud. The Chair questioned the accuracy of the public notice since the minimum combined side yard setback requirements seem to have been met. It was decided that the minimum combined side yard setback variance was not needed. The Chair asked if the returns were received. Sean McCarthy responded yes. The Chair stated that the Board had received the following: 1) application for a variance - undated 2) plans dated 04/19/04 3) short EAF Jon Turnquist is the project architect and is representing this application along with attorney Herbert Bosner. Jon Turnquist explained the proposed project. He stated that he house is currently a one-family house with one-bedroom. He stated that the proposed work includes adding a one-story addition that would be identical to the existing first floor unit. The Chair asked that applicant to address the variance statutes. Herbert Bosner responded that the applicant purchased the property for the purpose of joining with another property (176 Valley Street) but for several reasons, the properties cannot be joined. He stated that this property needs extensive work. He stated that the lot is non-conforming. The Chair asked if this is a permitted use. Herbert Bosner responded yes. He stated that all properties on the block are non-conforming. The Chair asked if there are any statistics in support of the statement. Herbert Bosner submitted a street plan. The Chair asked if the Board had any questions. Peter Koffler asked about the length of the parking spaces. Herbert Bosner responded that one of the parking spaces is not long enough according to the Village Zoning code. Peter Koffler asked if other that the lot coverage and proposed parking spaces, the nonconformity is not changing. Herbert Bosner agreed. APPROVED - Zoning Board of Appeals Meeting, June 16, 2004 4 �The Chair opened the public hearing. Frank Occhipinti (18 Gesner Place) stated that the applicant could achieve the same objective by increasing the one-family unit and not adding an additional apartment. Since there were no other public comments, Jim Galgano made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (5-0). Jim Galgano stated that he likes the parking on the property as opposed to street parking. He stated that the individual units are very small. Tom Capossela stated that he has a problem with the request to expand the property to a 2-family house. He stated that he does not have a problem with the expansion of the existing one-family house. The Chair stated that he does not see a reason to grant the request for a 2-family house. Linda Moiron stated that the house is very small. She asked about the square footage of the units. Jon Turnquist responded that each unit would be 500 square feet. Herbert Bosner asked if the applicant proposed just adding the second floor would a variance still be required. The Chair responded that a variance would still be required since the applicant would be extending an existing non-conforming structure. Herbert Bosner asked if the Board could approve the expansion of the one-family. The Chair responded that the plans need to reflect the proper changes. He stated that the applicant still required variances. It was discussed that six variances are still required. The combined side yard setbacks and the parking space requirement are not required. It was also decided that the public notice is adequate for a one-family residence. At the request of the applicant, Jim Galgano made a motion to adjourn the application to the next meeting and withdraw the request for a conversion to a two-family residence. Tom Capossela seconded. It was unanimous (5-0). 4) Minutes of the April and May 2004 meetings – The minutes for April 2004 were reviewed. Jim Galgano made a motion to approve the minutes as amended. Linda Moiron seconded. It was unanimous (5-0). APPROVED - Zoning Board of Appeals Meeting, June 16, 2004 5 �The minutes for May 2004 were reviewed. The Chairman made a motion to approve the minutes as amended. Peter Koffler seconded. It was unanimous (5-0). The Chair made a motion to adjourn. Tom Capossela seconded. It was unanimous (5-0). Adjourned at 9:02 p.m. Respectfully Submitted, Anthony Del Vecchio APPROVED - Zoning Board of Appeals Meeting, June 16, 2004 6 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2004 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_2004-06-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text